Estates

As a wife, you typically do not have the unilateral right to change your husband's power of attorney that was given to your son in 1997. The power of attorney document can only be changed by the person who granted it, your husband in this case, if he is of sound mind and capable of making legal decisions. It is advisable to consult with a legal professional to understand the specific laws and options available in your jurisdiction.

Since the executor has the authority to handle the assets of the estate, pay any debts, and collect a statutory fee for their services before the legacies are paid the executor would have no reason to file a claim against the estate. They would be filing a claim against themselves in their capacity as the executor. You need to provide more details.

Lila Lazarus's maiden name is not widely publicized.

My grandmother promised to bequeath her grandmother's wedding ring to me as her eldest granddaughter.

If the notary forgot to sign, the document is not notarized.

If a will has been probated the name of the decedent will appear in the probate index. You can check the index at the probate court of jurisdiction. If there is a file under the name of the decedent you can request it, review the will and review any other filings in the case.

Your mother's will should be probated. The court will decide if the will is valid and then will appoint the executor. Since your sister is the named executor the court will want either to appoint her or will want her to decline to be appointed in writing. You can then petition to be appointed. Once the will has been allowed and the executor has been appointed the distribution of the property must be carried out according to the law, to the provisions of the will and in a timely manner. Creditors will have an opportunity to make a claim.

If your mother owned any real estate her estate MUST be probated in order for title to pass to her heirs. If she had bank accounts in her name alone the executor will be given authority by the court to close the accounts and distribute the proceeds. If your mother owned any such property you should seek the advice of an attorney.

Probate in Texas is governed by the Texas Estates Code, which outlines the process by which a deceased person's assets are distributed and debts are settled. It typically involves verifying the validity of a will, appointing an executor or administrator, inventorying the estate, paying debts, and distributing assets to beneficiaries. Texas offers several simplified probate processes for small estates to expedite the process.

My grandmother promised to bequeath her mother's wedding ring to me in her will.

Grandmother decided to bequeath her wedding ring to her granddaughter Janice because Janice was the only grandchild who helped whenever help was needed.

My childrens father has been sent to prison for 20 years,how old does a child have to be to become power of atty over there father?

Typically, once a life insurance policy has been in force for two years, it enters a period known as the contestability period. During this time, the insurance company can question the validity of the policy or any claims made. After this period, the policy is considered incontestable, meaning the insurance company cannot dispute its validity based on misrepresentation or other factors.

A legally married couple remains married until the marriage is dissolved by a divorce decree. If you are estranged from your husband and he dies you would be the surviving spouse and listed in the next of kin. You would take an intestate share of his estate as the surviving spouse according to your state laws of intestacy.

Typically, the power to appoint a trustee would have been granted by the settlor in the trust instrument. If the trust instrument allows for the remaining trustees to appoint a third trustee, then they would be able to do so. It is important to review the specific terms of the trust document to determine the trustees' authority in this situation.

If the judgments are by a third party against the ex-husband as the only defendant then they are not your mother's debts. If they mention her name as a defendant her estate is responsible. If the judgments were granted to her ex-husband against HER then he can make a claim against the estate as a creditor.

Override? The executor of the will has a sworn duty to execute the will as written. They present the distribution plan to the court and the court approves it. They can contest the plan if it isn't equitable.

Generally, the powers that ARE discretionary are set forth in the will. The executor cannot make changes to the provisions in the will unless the will explicitly gives that power. The duty of the executor is to carry out the provisions in the will. You should discuss this topic with an attorney.

No, among the three estates the 1st and 2nd estates were considered way higher. Meaning that the 3rd estate was basically the base of the economy. They were the ones who had to pay taxes. Also, they supported the Enlightenment, whereas the 1st and 2nd did not. This would be because of the fact that the Enlightenment period WAS equality. Because of the inequality of the 3rd estate formed the National Assembly and then caused the Tennis Court Oath between the 3rd estate and Louis XVI. (This oath vowed never to separate until a written constitution was established for France.)

If someone goes to jail, their bank accounts remain active unless there are specific legal restrictions placed on them. However, they may not be able to access their accounts while incarcerated, depending on the bank's policies. Family members or a designated power of attorney may be able to manage the accounts on their behalf.

If the will was filed for probate you can visit that court, request the file and make a copy of the will if there is a public copy machine. If there is no public copier the clerk can provide you with a copy for a fee.

If the will was not probated you will need to ask the person who has it to give you a copy.

If the will was never found at all then you will have a problem finding it since the best time to find a will is when the decedent's home can be searched.

Trust law is extremely complex and you need to have your trust reviewed by an attorney who is familiar with Florida trust law. There are different requirements in different states regarding trusts, especially trusts that hold real estate. I have seen many examples of trusts drafted in other states used to hold real estate in Massachusetts that are invalid under Massachusetts law. That type of error can be very costly to correct if it can be corrected. The trust may fail completely or it may need to be amended by a judge.

A trustee of a living trust has the right to administer the trust as outlined in the trust document and in accordance with the law. If the trustee is being harassed or experiencing interference with their duties, they may have the right to seek legal remedies such as obtaining a restraining order or taking legal action against the harasser.

N.Y. SCP. LAW § 2309 : NY Code - Section 2309: Commissions of trustees under wills of persons dying, or lifetime trusts established, after August 31, 1956

On the settlement of the account of any trustee under the will of a person dying after August 31, 1956, or under a lifetime inter trust established after August 31, 1956, the court must allow to him his reasonable and necessary expenses actually paid by him and if he be an attorney of this state and shall have rendered legal services in connection with his official duties, such compensation for his legal services as shall appear to the court to be just and reasonable and in addition thereto it must allow to the trustee for his services as trustee a commission from principal for paying out all sums of money constituting principal at the rate of 1 per cent. 2. In addition to the commission allowed by subdivision 1 hereof a trustee shall be entitled to annual commissions at the following rates: (a) $10.50 per $1,000 or major fraction thereof on the first $400,000 of principal. (b) $4.50 per $1,000 or major fraction thereof on the next $600,000 of principal. (c) $3.00 per $1,000 or major fraction thereof on all additional principal. Such annual commissions shall be computed either on the value of the principal of the trust at the end of the period for which the commissions are payable or, at the option of the trustee, on the value of the principal of the trust at the beginning of such period, provided that the option elected by the trustee for the first period for which such commissions are payable shall be used during the continuance of the trust and shall be binding on any successor or substitute trustee or trustees - See more at: http://codes.lp.findlaw.com/nycode/SCP/23/2309#sthash.97RYaOuL.dpuf

On the settlement of the account of any trustee under the will of a person dying after August 31, 1956, or under a lifetime inter trust established after August 31, 1956, the court must allow to him his reasonable and necessary expenses actually paid by him and if he be an attorney of this state and shall have rendered legal services in connection with his official duties, such compensation for his legal services as shall appear to the court to be just and reasonable and in addition thereto it must allow to the trustee for his services as trustee a commission from principal for paying out all sums of money constituting principal at the rate of 1 per cent. 2. In addition to the commission allowed by subdivision 1 hereof a trustee shall be entitled to annual commissions at the following rates: (a) $10.50 per $1,000 or major fraction thereof on the first $400,000 of principal. (b) $4.50 per $1,000 or major fraction thereof on the next $600,000 of principal. (c) $3.00 per $1,000 or major fraction thereof on all additional principal. Such annual commissions shall be computed either on the value of the principal of the trust at the end of the period for which the commissions are payable or, at the option of the trustee, on the value of the principal of the trust at the beginning of such period, provided that the option elected by the trustee for the first period for which such commissions are payable shall be used during the continuance of the trust and shall be binding on any successor or substitute trustee or trustees. - See more at: http://codes.lp.findlaw.com/nycode/SCP/23/2309#sthash.97RYaOuL.dpuf

On the settlement of the account of any trustee under the will of a person dying after August 31, 1956, or under a lifetime inter trust established after August 31, 1956, the court must allow to him his reasonable and necessary expenses actually paid by him and if he be an attorney of this state and shall have rendered legal services in connection with his official duties, such compensation for his legal services as shall appear to the court to be just and reasonable and in addition thereto it must allow to the trustee for his services as trustee a commission from principal for paying out all sums of money constituting principal at the rate of 1 per cent. 2. In addition to the commission allowed by subdivision 1 hereof a trustee shall be entitled to annual commissions at the following rates: (a) $10.50 per $1,000 or major fraction thereof on the first $400,000 of principal. (b) $4.50 per $1,000 or major fraction thereof on the next $600,000 of principal. (c) $3.00 per $1,000 or major fraction thereof on all additional principal. Such annual commissions shall be computed either on the value of the principal of the trust at the end of the period for which the commissions are payable or, at the option of the trustee, on the value of the principal of the trust at the beginning of such period, provided that the option elected by the trustee for the first period for which such commissions are payable shall be used during the continuance of the trust and shall be binding on any successor or substitute trustee or trustees. - See more at: http://codes.lp.findlaw.com/nycode/SCP/23/2309#sthash.97RYaOuL.dpuf

On the settlement of the account of any trustee under the will of a person dying after August 31, 1956, or under a lifetime inter trust established after August 31, 1956, the court must allow to him his reasonable and necessary expenses actually paid by him and if he be an attorney of this state and shall have rendered legal services in connection with his official duties, such compensation for his legal services as shall appear to the court to be just and reasonable and in addition thereto it must allow to the trustee for his services as trustee a commission from principal for paying out all sums of money constituting principal at the rate of 1 per cent. 2. In addition to the commission allowed by subdivision 1 hereof a trustee shall be entitled to annual commissions at the following rates: (a) $10.50 per $1,000 or major fraction thereof on the first $400,000 of principal. (b) $4.50 per $1,000 or major fraction thereof on the next $600,000 of principal. (c) $3.00 per $1,000 or major fraction thereof on all additional principal. Such annual commissions shall be computed either on the value of the principal of the trust at the end of the period for which the commissions are payable or, at the option of the trustee, on the value of the principal of the trust at the beginning of such period, provided that the option elected by the trustee for the first period for which such commissions are payable shall be used during the continuance of the trust and shall be binding on any successor or substitute trustee or trustees. In - See more at: http://codes.lp.findlaw.com/nycode/SCP/23/2309#sthash.97RYaOuL.dpuf

On the settlement of the account of any trustee under the will of a person dying after August 31, 1956, or under a lifetime inter trust established after August 31, 1956, the court must allow to him his reasonable and necessary expenses actually paid by him and if he be an attorney of this state and shall have rendered legal services in connection with his official duties, such compensation for his legal services as shall appear to the court to be just and reasonable and in addition thereto it must allow to the trustee for his services as trustee a commission from principal for paying out all sums of money constituting principal at the rate of 1 per cent. 2. In addition to the commission allowed by subdivision 1 hereof a trustee shall be entitled to annual commissions at the following rates: (a) $10.50 per $1,000 or major fraction thereof on the first $400,000 of principal. (b) $4.50 per $1,000 or major fraction thereof on the next $600,000 of principal. (c) $3.00 per $1,000 or major fraction thereof on all additional principal. Such annual commissions shall be computed either on the value of the principal of the trust at the end of the period for which the commissions are payable or, at the option of the trustee, on the value of the principal of the trust at the beginning of such period, provided that the option elected by the trustee for the first period for which such commissions are payable shall be used during the continuance of the trust and shall be binding on any successor or substitute trustee or trustees. In - See more at: http://codes.lp.findlaw.com/nycode/SCP/23/2309#sthash.97RYaOuL.dpuf

On the settlement of the account of any trustee under the will of a person dying after August 31, 1956, or under a lifetime inter trust established after August 31, 1956, the court must allow to him his reasonable and necessary expenses actually paid by him and if he be an attorney of this state and shall have rendered legal services in connection with his official duties, such compensation for his legal services as shall appear to the court to be just and reasonable and in addition thereto it must allow to the trustee for his services as trustee a commission from principal for paying out all sums of money constituting principal at the rate of 1 per cent. 2. In addition to the commission allowed by subdivision 1 hereof a trustee shall be entitled to annual commissions at the following rates: (a) $10.50 per $1,000 or major fraction thereof on the first $400,000 of principal. (b) $4.50 per $1,000 or major fraction thereof on the next $600,000 of principal. (c) $3.00 per $1,000 or major fraction thereof on all additional principal. Such annual commissions shall be computed either on the value of the principal of the trust at the end of the period for which the commissions are payable or, at the option of the trustee, on the value of the principal of the trust at the beginning of such period, provided that the option elected by the trustee for the first period for which such commissions are payable shall be used during the continuance of the trust and shall be binding on any successor or substitute trustee or trustees. In - See more at: http://codes.lp.findlaw.com/nycode/SCP/23/2309#sthash.97RYaOuL.dpuf

On the settlement of the account of any trustee under the will of a person dying after August 31, 1956, or under a lifetime inter trust established after August 31, 1956, the court must allow to him his reasonable and necessary expenses actually paid by him and if he be an attorney of this state and shall have rendered legal services in connection with his official duties, such compensation for his legal services as shall appear to the court to be just and reasonable and in addition thereto it must allow to the trustee for his services as trustee a commission from principal for paying out all sums of money constituting principal at the rate of 1 per cent. 2. In addition to the commission allowed by subdivision 1 hereof a trustee shall be entitled to annual commissions at the following rates: (a) $10.50 per $1,000 or major fraction thereof on the first $400,000 of principal. (b) $4.50 per $1,000 or major fraction thereof on the next $600,000 of principal. (c) $3.00 per $1,000 or major fraction thereof on all additional principal. Such annual commissions shall be computed either on the value of the principal of the trust at the end of the period for which the commissions are payable or, at the option of the trustee, on the value of the principal of the trust at the beginning of such period, provided that the option elected by the trustee for the first period for which such commissions are payable shall be used during the continuance of the trust and shall be binding on any successor or substitute trustee or trustees. - See more at: http://codes.lp.findlaw.com/nycode/SCP/23/2309#sthash.97RYaOuL.dpuf

On the settlement of the account of any trustee under the will of a person dying after August 31, 1956, or under a lifetime inter trust established after August 31, 1956, the court must allow to him his reasonable and necessary expenses actually paid by him and if he be an attorney of this state and shall have rendered legal services in connection with his official duties, such compensation for his legal services as shall appear to the court to be just and reasonable and in addition thereto it must allow to the trustee for his services as trustee a commission from principal for paying out all sums of money constituting principal at the rate of 1 per cent. 2. In addition to the commission allowed by subdivision 1 hereof a trustee shall be entitled to annual commissions at the following rates: (a) $10.50 per $1,000 or major fraction thereof on the first $400,000 of principal. (b) $4.50 per $1,000 or major fraction thereof on the next $600,000 of principal. (c) $3.00 per $1,000 or major fraction thereof on all additional principal. Such annual commissions shall be computed either on the value of the principal of the trust at the end of the period for which the commissions are payable or, at the option of the trustee, on the value of the principal of the trust at the beginning of such period, provided that the option elected by the trustee for the first period for which such commissions are payable shall be used during the continuance of the trust and shall be binding on any successor or substitute trustee or trustees. In - See more at: http://codes.lp.findlaw.com/nycode/SCP/23/2309#sthash.97RYaOuL.dpuf

On the settlement of the account of any trustee under the will of a person dying after August 31, 1956, or under a lifetime inter trust established after August 31, 1956, the court must allow to him his reasonable and necessary expenses actually paid by him and if he be an attorney of this state and shall have rendered legal services in connection with his official duties, such compensation for his legal services as shall appear to the court to be just and reasonable and in addition thereto it must allow to the trustee for his services as trustee a commission from principal for paying out all sums of money constituting principal at the rate of 1 per cent. 2. In addition to the commission allowed by subdivision 1 hereof a trustee shall be entitled to annual commissions at the following rates: (a) $10.50 per $1,000 or major fraction thereof on the first $400,000 of principal. (b) $4.50 per $1,000 or major fraction thereof on the next $600,000 of principal. (c) $3.00 per $1,000 or major fraction thereof on all additional principal. Such annual commissions shall be computed either on the value of the principal of the trust at the end of the period for which the commissions are payable or, at the option of the trustee, on the value of the principal of the trust at the beginning of such period, provided that the option elected by the trustee for the first period for which such commissions are payable shall be used during the continuance of the trust and shall be binding on any successor or substitute trustee or trustees. In - See more at: http://codes.lp.findlaw.com/nycode/SCP/23/2309#sthash.97RYaOuL.dpuf

On the settlement of the account of any trustee under the will of a person dying after August 31, 1956, or under a lifetime inter trust established after August 31, 1956, the court must allow to him his reasonable and necessary expenses actually paid by him and if he be an attorney of this state and shall have rendered legal services in connection with his official duties, such compensation for his legal services as shall appear to the court to be just and reasonable and in addition thereto it must allow to the trustee for his services as trustee a commission from principal for paying out all sums of money constituting principal at the rate of 1 per cent. 2. In addition to the commission allowed by subdivision 1 hereof a trustee shall be entitled to annual commissions at the following rates: (a) $10.50 per $1,000 or major fraction thereof on the first $400,000 of principal. (b) $4.50 per $1,000 or major fraction thereof on the next $600,000 of principal. (c) $3.00 per $1,000 or major fraction thereof on all additional principal. Such annual commissions shall be computed either on the value of the principal of the trust at the end of the period for which the commissions are payable or, at the option of the trustee, on the value of the principal of the trust at the beginning of such period, provided that the option elected by the trustee for the first period for which such commissions are payable shall be used during the continuance of the trust and shall be binding on any successor or substitute trustee or trustees. In - See more at: http://codes.lp.findlaw.com/nycode/SCP/23/2309#sthash.97RYaOuL.dpuf

In general, the name of an irrevocable trust cannot be changed as it is a legally binding document. It is possible to create a new trust with a different name if necessary. However, it's always advisable to consult with a legal professional for guidance on making any changes to a trust.

No, the trust cannot be changed, but the trustee can be removed and a successor trustee appointed. Usually, the trust document names a successor trustee, who would usually be the successor trustee. If there is no successor trustee named, the court will appoint one. The terms of the trust, meaning how the property and income is to be treated will remain the same. The only situation that changing of the trust itself might come into being is where there is so little value left in the trust that it cannot accomplish its purposes. In that even, if there is no reasonable prospect to recover the stolen money, the court would most likely terminate the trust and direct distribution of the remaining funds in an appropriate manner.

Yes it is grounds to have trust set aside. Trustee is obligated to repay if found guilty. The question would be was she using the money under the terms of the trust and to benefit the beneficiaries. If not you have a strong case and need to file for a review of the trust.